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What should I do after a car accident in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Massachusetts is one of the no-fault states, governed by the Compulsory Motor Vehicle Insurance Law (M.G.L. c. 90, §§ 34A-34R) and the no-fault tort threshold in c. 231, § 6D.

1. Immediate Steps at the Scene

  • Stop and exchange information (M.G.L. c. 90, § 24). Felony to leave an injury scene.
  • Render aid; call 911 for injuries.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, or apparent damage exceeding $1,000 (M.G.L. c. 90, § 26).
  • Operator's Crash Report to RMV within 5 days if injury, death, or damage exceeds $1,000.
  • Notify your insurer.
  • 3. Required Coverages (M.G.L. c. 90, § 34A)

  • Bodily Injury Liability: 20/40 minimum.
  • Personal Injury Protection (PIP): $8,000 per person per accident.
  • Uninsured Motorist: 20/40 minimum.
  • Property Damage Liability: $5,000 minimum.
  • PIP pays 100% of first $2,000 medical, then a portion as coordinated with health insurance, plus 75% of lost wages.

    4. Tort Threshold (M.G.L. c. 231, § 6D)

    You may sue for pain and suffering only if:

  • Reasonable medical expenses exceed $2,000, OR
  • Injury includes death, loss of body member, permanent and serious disfigurement, fractured bone, or substantial loss of sight or hearing.
  • 5. Modified Comparative Negligence — 51% Bar

    Under M.G.L. c. 231, § 85, the plaintiff cannot recover if their fault is greater than 50%. At 50% or less, damages reduced proportionally.

    6. Statute of Limitations

  • Personal injury: 3 years (M.G.L. c. 260, § 2A).
  • Property damage: 3 years (§ 2A).
  • Wrongful death: 3 years (M.G.L. c. 229, § 2).
  • Massachusetts Tort Claims Act: 2-year presentment to public entity, suit within 3 years (M.G.L. c. 258, § 4).
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Medical bills approach or exceed the $2,000 tort threshold
    • PIP benefits exhausted and you face out-of-pocket costs
    • Public entity involved (2-year presentment requirement)
    Related Statutes & Laws
    • M.G.L. c. 90, § 34A
    • M.G.L. c. 90, § 26
    • M.G.L. c. 231, § 6D
    • M.G.L. c. 231, § 85
    • M.G.L. c. 260, § 2A
    • M.G.L. c. 258, § 4

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.